S.F. firefighters subpoenaed in drunken-crash investigation

S.F. colleague suspected of driving drunk in crash

Updated 11:30 am, Wednesday, February 12, 2014

Photo: Jason Lloren, The Chronicle

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In this file photo, a San Francisco Fire Department truck collided with a Mercedes-Benz station wagon in the intersection of 5th and Howard Street in December 2013. A fire truck collided with a motorcycle in the same intersection in June 2013. less

In this file photo, a San Francisco Fire Department truck collided with a Mercedes-Benz station wagon in the intersection of 5th and Howard Street in December 2013. A fire truck collided with a motorcycle in ... more

Photo: Jason Lloren, The Chronicle

S.F. firefighters subpoenaed in drunken-crash investigation

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Two top officials in the San Francisco Fire Department are among at least two dozen firefighters who have been subpoenaed to testify before a criminal grand jury investigating a crash last year in which an allegedly drunken firefighter rammed a motorcyclist with his truck and left the scene, The Chronicle has learned.

The grand jury is looking into whether any firefighters helped their colleague try to evade responsibility for the crash, said two sources with knowledge of the investigation.

Prosecutors with District Attorney George Gascón's office will ask the firefighters about the night of June 29, when firefighter Michael Quinn - who has since left the department - struck and seriously injured motorcyclist Jack Frazier at Fifth and Howard streets.

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Quinn was responding to an alarm when he entered the intersection on a red light and struck Frazier, 49, who was thrown into a fire hydrant and suffered broken ribs and a punctured lung. Quinn allegedly defied a supervisor's orders to await drug and alcohol testing, left the scene and did not return to his Station 1, down Howard Street, for several hours.

When he finally arrived, his blood alcohol level was measured at 0.13 percent, sources have said. That is well above the 0.08 percent legal limit for driving and would also violate the Fire Department's rules against on-duty drinking.

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Quinn, 43, resigned from the Fire Department last year and has not been charged with a crime.

Among those subpoenaed to testify before the grand jury are Assistant Chiefs Art Kenney and Dave Franklin, according to the two sources, speaking on condition of anonymity because the legal proceedings are confidential.

Prosecutors are likely to question them about what they knew of Quinn's movements after he hit the motorcyclist.

A surveillance camera in a bar at the corner of Fifth and Howard filmed Quinn after the crash guzzling large amounts of water, sources have told The Chronicle. Although the bar is just a few steps from where Frazier was hit, only one firefighter walked in to talk with Quinn, the footage shows. Quinn remained after the firefighter left.

Kenney and Franklin were each in charge of a division of firefighters that night, and both were present at Fifth and Howard after the crash, fire officials have said.

In November, the department notified both assistant chiefs that they were facing suspensions for alleged disciplinary infractions stemming from the crash, sources said.

Kenney is facing a possible 10-day suspension and Franklin an eight-day suspension, the sources said. The reasons for the disciplinary charges have not been disclosed.

More subpoenas

Another high-ranking official who was at the crash scene, acting Battalion Chief Mark Hayes, is facing disciplinary charges that could result in a four-day suspension, sources said. Hayes was third in command at the crash scene, behind Kenney and Franklin. He has also been summoned to testify before the grand jury, sources said.

Also subpoenaed is Warren Der, whom sources have identified as the firefighter seen talking with Quinn in the surveillance camera footage taken at the Chieftain bar at Fifth and Howard.

Der was the tillerman on the truck that hit Frazier. He is facing a possible 30-day suspension for alleged disciplinary infractions, sources said.

Also called to testify is Capt. Matt Schwartz, the Station 1 commander the night of the crash, sources said. Schwartz is also among the firefighters facing disciplinary charges and could be suspended for 30 days.

The Fire Department sent letters to 15 other firefighters who were on duty that night, clearing them of disciplinary violations, sources said. It is not known whether any of them were subpoenaed to appear before the grand jury when it starts hearing testimony in the Quinn case, probably next month.

Quinn was facing possible firing over the crash before he resigned. It is not known whether he is among those summoned to testify.

A spokesman for Gascón's office declined to comment Tuesday on the reported subpoenas.

Fire Department's review

Fire Chief Joanne Hayes-White declined to comment, referring calls to prosecutors. She has said a Fire Department review showed "different decisions could have been made that night."

But, she has added, "I believe, in my heart of hearts," firefighters did not conspire with Quinn to cover up the circumstances of the crash.

"Could there have been other, perhaps better, decisions that night?" the chief said. "Yes."